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City of Marshall v. City of Uncertain

206 S.W.3d 97 (2006)

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City of Marshall v. City of Uncertain

Texas Supreme Court
206 S.W.3d 97 (2006)

  • Written by Rose VanHofwegen, JD

Facts

In 1986, the Texas Water Development Board certified that the City of Marshall, Texas (plaintiff) had adjudicated water rights to potable water for municipal purposes. The adjudication process had not weighed the environmental impacts of Marshall’s historic water use. In 2001, Marshall applied to change its use so it could supply untreated water for industrial use. The City of Uncertain, Texas, and others (defendants) objected on the ground that the change would have serious environmental and socioeconomic consequences and requested a contested-case hearing. The Texas Natural Resources Conservation Commission (now the Texas Commission on Environmental Quality) (TCEQ) denied a hearing and granted Marshall’s application. Uncertain appealed. The district court reversed and granted Uncertain’s motion for a hearing. Marshall appealed, and the appellate court partially affirmed and partially reversed. The TCEQ and Marshall petitioned the Texas Supreme Court for review.

Rule of Law

Issue

Holding and Reasoning (O’Neill, J.)

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